EXPANDED FUNGAL REPORT

EXPANDED FUNGAL REPORT Prepared Exclusively For Report Date: 1/6/2011 Project: Accceditation"This report was generated in the EMSL Test Lab Page 1 of 23

1. Description of Analysis Analytical Laboratory (EMSL) is a nationwide, full service, analytical testing laboratory network providing Asbestos, Mold, Indoor Air Quality, Microbiological, Environmental, Chemical, Forensic, Materials, Industrial Hygiene and Mechanical Testing services since 1981. Ranked as the premier independently owned environmental testing laboratory in the nation, EMSL puts analytical quality as its top priority. This quality is recognized by many well-respected federal, state and private accrediting agencies, such as AIHA s EMLAP and EMPAT programs, and assured by our high quality personnel, including many Ph.D. microbiologists and mycologists. EMSL is an independent laboratory that performed the analysis of these samples. EMSL did not conduct the sampling or site investigation for this report. The samples referenced herein were analyzed under strict quality control procedures using state-of-the-art microbiological methods. The analytical methods used and the data presented are scientifically and legally defensible. The laboratory data is provided in compliance with AIHA policy modules and ISO 17025 guidelines for the particular test(s) requested, including any associated limitations for the methods employed. These data are intended for use by professionals having knowledge of the testing methods necessary to interpret them accurately. Air Samples - Spore traps: Spore traps are commercially available sampling devices that capture airborne particles on an adhesive slide. Air is pulled through the device using a vacuum pump. Spores, as well as other airborne particles, are impacted on the collection adhesive. Using spore trap collection methods has inherent limitations. These collection methods are biased towards larger spore sizes. The analysis for total spore counts is a direct microscopic examination and does not include culturing or growing the fungi. Therefore, the results include both viable and non-viable spores. Some fungal groups produce similar spore types that cannot be distinguished by direct microscopic examination alone (i.e., Aspergillus/Penicillium, and others). Other spore types may lack distinguishing features that aid in their identification. These types are grouped into larger categories such as Ascospores or Basidiospores. Fungal spores are identified and grouped by morphological characteristics including color, shape, septation, ornamentation, and fruiting structures (if present) which are compared to published mycological identification keys and texts. EMSL reports provide spore counts per cubic meter of air to three significant figures. Please note that each spore category is reported to three significant figures. Due to rounding and the application of three significant Page 2 of 23

figures the sum of the individual spore numbers may not equal the total spore count on the report. EMSL does not maintain responsibility for final volume concentrations (counts/m3) since this volume is provided by the field collector and can not be verified by EMSL. EMSL analyzes spore traps using phase contrast microscopy. There is a wide choice of collection devices (Air-O-Cell, Micro-5, Burkhard, etc.) on the market. Differences in analytical method may exist between spore trap devices. Spore trap results are reported in spores per cubic meter of air. Due to the other airborne particles collected with the spores, EMSL reports a background particle density. Background density is an indication of overall particulate matter present on the sample (i.e. dust in the air). High background concentrations may obscure spores such as the Penicillium/Aspergillus group. The rating system is from 1-5 with 1 = 1-25% of the background obscured by material, 2 = 26-50%, 3 = 51-75%, 4 = 76% - 99%, 5 = 100% or overloaded. A background rating of 4 or higher should be regarded as a minimum count since the actual concentrations may be higher than those reported. EMSL will not be held responsible for overloading of samples. Sample volumes are left to the discretion of the company or persons conducting the fieldwork. Skin fragment density is the percentage of skin cells making up the total background material, 1 = 1-25%, 2 = 26-50%, 3 = 51-75%, 4 = 76-100%. Skin fragment density is considered an indication of the general cleanliness in the area sampled. It has been estimated that up to 90% of household dust consists of dead skin cells. Surface Samples - Tape Lifts, Swabs, Bulks: Suspect mold contamination on surfaces is typically sampled using tape lifts, swabs, or collecting a bulk sample. The analysis performed is a direct microscopic examination because the samples are not cultured or grown. The laboratory can determine viability by a separate culture test if needed and requested. We recommend culturing from swab and bulk samples only. Samples containing reproductive structures, hyphae, or mycelium are indicated on the report by an asterisk. These fungal structures are important in the interpretation of the data since they indicate fungal growth and amplification (see section 3). Spores are classified by morphological characteristics including color, shape, septation, ornamentation, and reproductive structures which are compared to published mycological identification keys and texts. 2. Analytical Results See attached data reports and charts. Page 3 of 23

Lab Sample Number: Client Sample ID: Volume (L): Sample Location: Test Report: Air-O - Cell( ) Analysis of Fungal Spores & Particulates by Optical Microscopy (EMSL Method 05-TP-003) -0001 Air-1 75 Outside -0002 Air-2 75 Kitchen -0003 Air-3 75 Basement Spore Types Raw Count Count/m³ % of Total Raw Count Count/m³ % of Total Raw Count Count/m³ % of Total Alternaria - - - - - - - - - Ascospores 21 886 15.8 4 169 8.9 3 127 0.7 Aspergillus/Penicillium 15 633 11.3 1 42 2.2 123 5190 27.3 Basidiospores 56 2360 42.1 2 84 4.4 3 127 0.7 Bipolaris++ - - - - - - - - - Chaetomium - - - 4 169 8.9 - - - Cladosporium 34 1440 25.7 31 1310 68.9 321 13500 71.1 Curvularia 2 84 1.5 - - - 1 42 0.2 Epicoccum 2 84 1.5 - - - - - - Fusarium - - - - - - - - - Ganoderma 3 127 2.3 - - - - - - Myxomycetes++ - - - - - - - - - Pithomyces - - - - - - - - - Rust - - - - - - - - - Scopulariopsis - - - - - - - - - Stachybotrys - - - 3 127 6.7 - - - Torula - - - - - - - - - Ulocladium - - - - - - - - - Unidentifiable Spores - - - - - - - - - Zygomycetes - - - - - - - - - Total Fungi 133 5610 100 45 1900 100 451 19000 100 Hyphal Fragment - - - - - - - - - Insect Fragment - - - - - - - - - Pollen - - - - - - - - - Analyt. Sensitivity 600x - 42 - - 42 - - 42 - Analyt. Sensitivity 300x - 13* - - 13* - - 13* - Skin Fragments (1-4) - 1 - - 2 - - 2 - Fibrous Particulate (1-4) - 1 - - 1 - - 1 - Background (1-5) - 1 - - 2 - - 3 - Bipolaris++ = Bipolaris/Dreschlera/Exserohilum Myxomycetes++ = Myxomycetes/Periconia/Smut No discernable field blank was submitted with this group of samples. Samples analyzed by EMSL Test Lab 200 Route 130 North, Cinnaminson NJ Accceditation"This report was generated in the EMSL Test Lab (99 High levels of background particulate can obscure spores and other particulates leading to underestimation. Background levels of 5 indicate an overloading of background particulates, prohibiting accurate detection and quantification. Present = Spores detected on overloaded samples. Results are not blank corrected unless othewise noted. The detection limit is equal to one fungal spore, structure, pollen, fiber particle or insect fragment. "*" Denotes particles found at 300X. EMSL maintains liability limited to cost of anaysis. This report relates only to the samples reported above and may not be reproduced, except in full, without written approval by EMSL. EMSL bears no responsibility for sample collection activities or analytical method limitations. Interpretation and use of test results are the responsibility of the client. Samples received in good condition unless otherwise noted. Page 4 of 23

Spore Trap Report: Total Counts Outside Air-1 Ascospores 886 Aspergillus/Penicillium 633 Basidiospores 2,360 Cladosporium 1,440 Curvularia 84 Epicoccum 84 Ganoderma 127 Kitchen Air-2 Ascospores 169 Aspergillus/Penicillium 42 Basidiospores 84 Chaetomium 169 Cladosporium 1,310 Stachybotrys 127 Basement Air-3 Ascospores 127 Aspergillus/Penicillium 5,190 Basidiospores 127 Cladosporium 13,500 Curvularia 42 1 10 100 1,000 10,000 100,000 1,000,000 Spore Counts per m3 Ascospores Aspergillus/Penicillium Basidiospores Chaetomium Cladosporium Curvularia Epicoccum Ganoderma Stachybotrys * The chart is displayed using a logarithmic scale. Bar size is not directly proportional to the number of spores. Page 5 of 23

Background Comparison Chart Ascospores 169 127 886 Aspergillus/Penicillium 42 633 5,190 Basidiospores 84 127 2,360 Chaetomium 169 Cladosporium 1,440 1,310 13,500 1 10 100 1,000 10,000 100,000 1,000,000 Spore Counts per m3 Air-1 Outside Air-2 Kitchen Air-3 Basement * The chart is displayed using a logarithmic scale. The bar size is not directly proportional to the number of spores. Page 6 of 23

Background Comparison Chart Curvularia 42 84 Epicoccum 84 Ganoderma 127 Stachybotrys 127 1 10 100 1,000 10,000 100,000 1,000,000 Spore Counts per m3 Air-1 Outside Air-2 Kitchen Air-3 Basement * The chart is displayed using a logarithmic scale. The bar size is not directly proportional to the number of spores. Page 7 of 23

Lab Sample Number: Client Sample ID: Sample Location: Test Report: Microscopic Examination of Fungal Spores, Fungal Structures, Hyphae, and Other Particulates from Tape Samples (EMSL Method: M041) -0004 Tape-1 Under Kitchen Sink -0005 Tape-2 Baseboard -9901 Dummy Dummy -9902 Dummy Dummy -9903 Dummy Dummy Spore Types Category Category - - - Agrocybe/Coprinus - - - - - Alternaria - - - - - Ascospores - - - - - Aspergillus/Penicillium Low *High* - - - Basidiospores - - - - - Bipolaris - - - - - Chaetomium *High* - - - - Cladosporium - *High* - - - Curvularia - - - - - Epicoccum - - - - - Fusarium - - - - - Ganoderma - - - - - Myxomycete - - - - - Paecilomyces - - - - - Rust - - - - - Scopulariopsis - - - - - Stachybotrys *High* - - - - Torula - - - - - Ulocladium - - - - - Unidentifiable Spores - - - - - Zygomycetes - - - - - Fibrous Particulate - - - - - Hyphal Fragment - - - - - Insect Fragment - - - - - Pollen - - - - - Category: Count/per area analyzed Rare: 1 to 10 Low: 11 to 100 Medium: 101 to 1000 High: >1000 Bipolaris++ = Bipolaris/Dreschlera/Exserohilum Myxomycetes++ = Myxomycetes/Periconia/Smut * = Sample contains fruiting structures and/or hyphae associated with the spores. No discernable field blank was submitted with this group of samples. Samples analyzed by EMSL Test Lab 200 Route 130 North, Cinnaminson NJ EMSL maintains liability limited to cost of analysis. This report relates only to the samples reported above and may not be reproduced, except in full, without written approval by EMSL. EMSL bears no responsibility for sample collection activities or analytical method limitations. Interpretation of the data contained in this report is the responsibility of the client. Samples received in good condition unless otherwise noted. Page 8 of 23

3. Understanding the Results is an independent laboratory, providing unbiased and scientifically valid results. These data represent only a portion of an overall IAQ investigation. Visual information and environmental conditions measured during the site assessment (humidity, moisture readings, etc.) are crucial to any final interpretation of the results. Many factors impact the final results; therefore, result interpretation should only be conducted by qualified individuals. The American Conference of Governmental Industrial Hygienists (ACGIH) has published a good reference book covering sampling and data interpretation. It is entitled, Bioaerosols: Assessment and Control, 1999. Air Samples: Air samples are typically evaluated by means of fungal type identified and by comparing indoor and outdoor concentrations, complaint to non-complaint areas, or area of concern to areas of non-concern. In general, the levels and types of fungi in the indoor air (in non-problem buildings) should be similar to or lower than those found in the outdoor air. Higher levels of spores (order of magnitude) found inside may indicate that moisture sources and resultant fungal growth are present. Spore count results are influenced by geographic location, seasonal and diurnal variation, and biotic/abiotic outside conditions. For example, fresh snow cover on the ground will affect the outdoor spore count concentration. Use the following guidelines when interpreting the results: 1. The composition and diversity of fungi in indoor, non-problem buildings should be similar to that of the outdoor air. 2. Compare spore count concentrations indoors and outdoors. Elevated indoor concentrations may indicate indoor fungal growth. Be aware that this is not always consistent and additional sampling may be needed. 3. Certain fungi are very good indicators of water damage. The presence of these spores, even in small quantities, indicates the presence of water damage. These indicator fungi include, but are not limited to, Chaetomium, Fusarium, Stachybotrys (including Memnoniella), and Ulocladium. 4. Different types of fungi grow at different levels of biologically available water. These differences in fungal growth suggest the degree of water damage or saturation. For example, Stachybotrys is an indication of short term, severe, or prolonged water damage over time. Page 9 of 23

Surface Samples: The presence of common spores in the rare or low categories in surface samples suggests only background deposition and not growth. Categories greater than this or the presence of fungal vegetative and/or reproductive fragments (e.g., hyphae and conidiophores) suggests fungal colonization, growth, and/or accumulation at or near the sampled location. The presence of water damage associated fungi is also an indicator that indoor growth may be occurring. These indicator fungi include, but are not limited to, Chaetomium, Fusarium, Stachybotrys (including Memnoniella), and Ulocladium. Fungal spores are found everywhere. Whether or not symptoms develop in people exposed to fungi depends on the nature of the fungal material (e.g., allergenic, toxic, or infectious), the exposure level, and the susceptibility of exposed persons. Susceptibility varies with the genetic predisposition (e.g., allergic reactions do not always occur in all individuals), age, pre-existing medical conditions (e.g., diabetes, cancer, or chronic lung conditions), use of immunosuppressive drugs, and concurrent exposures. These reasons make it difficult to identify dose/response relationships that are required to establish safe or unsafe levels (i.e., permissible exposure limits). It is generally accepted in the industry that indoor fungal growth is undesirable and inappropriate, necessitating removal or other appropriate remedial actions. The New York City guidelines and EPA guidelines for mold remediation in schools and commercial buildings define the conditions warranting mold remediation. Always remember that water is the key. Preventing water damage or water condensation will prevent mold growth. This report is not intended to provide medical advice or advice concerning the relative safety of an occupied space. Always consult an occupational or environmental health physician who has experience addressing indoor air contaminants if you have any questions. Page 10 of 23

4. Glossary of Fungi ASCOSPORES Natural Habitat Suitable Substrates in the Indoor Environment Water Activity Mode of Dissemination Allergic Potential Potential or Opportunistic Pathogens Industrial Uses Potential Toxins Produced Other Comments Everywhere in nature. Depends on genus and species. Depends on genus and species. Forcible ejection or passive release and dissemination by wind or insects. Depends on genus and species. Depends on genus and species. Depends on genus and species. Depends on genus and species. Ascospores are the result of sexual reproduction and produced in a saclike structure called an ascus. All ascospores belong to members of the Phylum Ascomycota, which encompasses a plethora of genera worldwide. Page 11 of 23

ASPERGILLUS/PENICILLIUM Natural Habitat Suitable Substrates in the Indoor Environment Water Activity Mode of Dissemination Allergic Potential Potential or Opportunistic Pathogens Industrial Uses Potential Toxins Produced Other Comments Plant debris Seed Cereal crops Grows on a wide range of substrates indoors Prevalent in water damaged buildings Foods (blue mold on cereals, fruits, vegetables, dried foods) House dust Fabrics Leather Wallpaper Wallpaper glue Aw=0.75-0.94 Wind Insects Type I (hay fever, asthma) Type III (hypersensitivity) Possible depending on the species. Many depending on the species Possible depending on the species. Spores of Aspergillus and Penicillium (including others such as Acremonium and Paecilomyces) are small and spherical with few distinguishing characteristics. They cannot be differentiated or speciated by non-viable impaction sampling methods. Some species with very small spores may be undercounted in samples with high background debris. Page 12 of 23

BASIDIOSPORES Natural Habitat Suitable Substrates in the Indoor Environment Water Activity Mode of Dissemination Allergic Potential Potential or Opportunistic Pathogens Industrial Uses Potential Toxins Produced Other Comments Forest floors. Lawns.Plants (saprobes or pathogens depending on genus) Depends on genus. Wood products Unknown. Forcible ejection. Wind currents. Type I allergies (hay fever, asthma). Type III (hypersensitivity pneumonitis) Depends on genus. Edible mushrooms are used in the food industry. Amanitins. monomethyl-hydrazine. muscarine. ibotenic acid. psilocybin. Basidiospores are the result of sexual reproduction and formed on a structure called the basidium. Basidiospores belong to the members of the Phylum Basidiomycota, which includes mushrooms, shelf fungi, rusts, and smuts. Page 13 of 23

CHAETOMIUM Natural Habitat Suitable Substrates in the Indoor Environment Water Activity Mode of Dissemination Allergic Potential Potential or Opportunistic Pathogens Industrial Uses Potential Toxins Produced Dung. Seeds. Soil. Straw. Paper. Sheetrock. Wallpaper. Aw=0.84-0.89. Wind. Insects. Water splash. Type I (asthma and hay fever). Onychomycosis. C. perlucidum recognized as a new agent of cerebral phaeohyphomycosis. Cellulase production, Textile testing. Chaetomin. Chaetoglobosins A,B,D and F are produced by Chaetomium globosum. Sterigmatocystin is produced by rare species Page 14 of 23

CLADOSPORIUM Natural Habitat Dead plant matter. Straw. Soil. Woody plants Suitable Substrates in the Fiberglass duct liner. Paint. Textiles. Found in high concentration in water-damaged building Indoor Environment materials. Water Activity Aw 0.84-0.88 Mode of Dissemination Allergic Potential Potential or Opportunistic Pathogens Industrial Uses Potential Toxins Produced Air Type I (asthma and hay fever). Edema. keratitis. onychomycosis. pulmonary infections. Sinusitis. Produces 10 antigens. Cladosporin and Emodin. Page 15 of 23

EPICOCCUM Natural Habitat Suitable Substrates in the Paper, textiles Indoor Environment Water Activity 0.86-0.90 Mode of Dissemination Allergic Potential Potential or Opportunistic Pathogens A worldwide saprophytic fungi, being isolated from dead plant material and soil. Wind Hay fever, asthma Unknown Page 16 of 23

GANODERMA Natural Habitat Suitable Substrates in the Indoor Environment Water Activity Mode of Dissemination Allergic Potential Potential or Opportunistic Pathogens Industrial Uses Potential Toxins Produced Other Comments Reference Grows on conifers and hardwoods worldwide, causing white rot, root rot, and stem rot. Unknown. Unknown. Wind. Ganoderma species are known to cause allergies in people on a worldwide scale. Unknown. Biopulping of wood for the paper industry. Potential medicinal use due to: 1. Inhibition of Ras dependent cell transformation, 2. Antifibrotic activity, 3. Immunomodulating activity, 4. Free-radicle scavenging Unknown. Used in traditional Chinese medicine as an herbal supplement. It is also known as a "shelf fungus" because the fruiting body forms a stalk-less shelf on the sides of trees and logs. It is sometimes called artists conk because when you scratch the white pores of the fruiting body, the white rubs away and exposes the brown hyphae underneath. Thus, pictures can be produced on the fruiting body. References: Craig, R.L., Levetin, E. 2000. Multi-year study of Ganoderma aerobiology. Aerobiologia 16: 75-81. http://www.pfc.forestry.ca/diseases/ctd/group/heart/heart6_e.html Page 17 of 23

STACHYBOTRYS Natural Habitat Suitable Substrates in the Indoor Environment Water Activity Mode of Dissemination Allergic Potential Potential or Opportunistic Pathogens Industrial Uses Potential Toxins Produced Other Comments Decaying plant materials and Soil. Water damaged building materials such as: ceiling tiles, gypsum board, insulation backing, sheet rock, and wall paper. Paper. Textiles. Aw=0.94 Insects, Water, and Wind Type I (hay fever, asthma) Unknown. Unknown. Mycotoxins produced by Stachybotrys include Roridin A, Roridin E, Roridin H, Roridin L-2, Satratoxin G, Satratoxin H, Isosatratoxin F, Verucarin A, Verucarin J, and Verrucariol. Stachybotrys may play a role in the development of sick building syndrome. The presence of this fungus can be significant due to its ability to produce mycotoxins. Exposure to the toxins can occur through inhalation, ingestion, or skin exposure. Page 18 of 23

5. References and Informational Links sbooks Bioaerosols: Assessment and Control. Janet Macher, Ed., American Conference of Governmental Industrial Hygienists, Cincinnati, OH 1999. Exposure Guidelines for Residential Indoor Air Quality. Environmental Health Directorate, Health Protection Branch, Health Canada, Ottawa, Ontario, 1989. Fungal Contamination in Public Buildings: Health Effects and Investigation Methods. Health Canada, Ottawa, Ontario, 2004. IICRC: S500 Standard and Reference Guide for Professional Water Damage Restoration. 3rd Edition, Institute of Inspection, Cleaning, and Restoration Certification, Vancouver, WA, 2006 IICRC: S520 Standard and Reference Guide for Professional Mold Remediation. 1st Edition, Institute of Inspection, Cleaning, and Restoration Certification, Vancouver, WA, 2004 Field Guide for the Determination of Biological Contaminants in Environmental Samples. 2nd Edition, American Industrial Hygiene Association, 2005. Consumer Links Read the full text of AIHA s "The Facts About Mold" consumer brochure. http://www.aiha.org/content/accessinfo/consumer/factsaboutmold.htm The Occupational Safety and Health Administration (OSHA) http://www.osha.gov/sltc/molds/index.html CDC Mold Facts http://www.cdc.gov/mold/faqs.htm CDC Stachybotrys - Questions and answers on Stachybotrys chartarum and other molds http://www.cdc.gov/nceh/airpollution/mold/stachy.htm IOM, NAS: Clearing the Air: Asthma and Indoor Air Exposures http://fermat.nap.edu/books/0309064961/html/index.html National Library of Medicine-Mold website http://www.nlm.nih.gov/medlineplus/molds.html Page 19 of 23

California Department of Health Services (CADOHS) http://www.cal-iaq.org/mold0107.htm EPA FEMA Minnesota Department of Health http://www.health.state.mn.us/divs/eh/indoorair/mold/index.html New York City Department of Health and Mental Hygiene http://www.nyc.gov/html/doh/html/epi/moldrpt1.shtml H.R.: The United States Toxic Mold Safety and Protection Act http://www.house.gov/conyers/mold.htm "Should You Have the Air Ducts in Your Home Cleaned?" http://www.epa.gov/iaq/pubs/airduct.html "Fact Sheet: Flood Cleanup - Avoiding Indoor Air Quality Problems" http://www.epa.gov/iaq/pubs/flood.html General information about molds and actions that can be taken to clean up or prevent a mold problem. http://www.epa.gov/iaq/asthma/triggers/molds.html A Brief Guide to Mold, Moisture, and Your Home - Includes basic information on mold, cleanup guidelines, and moisture and mold prevention. http://www.epa.gov/iaq/molds/moldguide.html Mold Remediation in Schools and Commercial Buildings - Information on remediation in schools and commercial property, references for potential mold and moisture remediators. http://www.epa.gov/iaq/molds/mold-remediation.html Homes That Were Flooded May Harbor Mold Problems - Information and tips for cleaning mold. http://www.fema.gov/diz01/d1364n18.shtm Mold Can Damage Home and Health - How to check for mold, potential health effects of mold, and how to treat mold in the home. http://www.fema.gov/diz01/d1379n41.shtm Page 20 of 23

Prompt Flood Cleanup Can Help Prevent Health Problems - How to clean up in-house mold problems (not large or serious exposures). http://www.fema.gov/news/newsrelease.fema?id=9538 Page 21 of 23

6. Important Terms, Conditions, and Limitations A. Sample Retention Samples analyzed by EMSL will be retained for 60 days after analysis date Storage beyond this period is available for a fee with written request prior to the initial 30 day period. Samples containing hazardous/toxic substances which require special handling will be returned to the client immediately. EMSLreserves the right to charge a sample disposal fee or return samples to the client. B. Change Orders and Cancellation All changes in the scope of work or turnaround time requested by the client after sample acceptance must be made in writing and confirmed in writing by EMSL. If requested changes result in a change in cost the client must accept payment responsibility. In the event work is cancelled by a client, EMSL will complete work in progress and invoice for work completed to the point of cancellation notice. EMSL is not responsible for. holding times that are exceeded due to such changes. C. Warranty EMSL warrants to its clients that all services provided hereunder shall be performed in accordance with established and recognized analytical testing procedures and with reasonable care in accordance with applicable federal, state and local laws. The foregoing express warranty is exclusive and is given in lieu of all other warranties, expressed or implied. EMSL disclaims any other warranties, express or implied, including a warranty of fitness for particular purpose and warranty of merchantability. D. Limits of Liability In no event shall EMSL be liable for indirect, special, consequential, or incidental damages, including, but not limited to, damages for loss of profit or goodwill regardless of the negligence (either sole or concurrent) of EMSL and whether EMSL has been informed of the possibility of such damages, arising out of or in connection with EMSL s services thereunder or the delivery, use, reliance upon or interpretation of test results by client or any third party. We accept no legal responsibility for the purposes for which the client uses the test results. EMSL will not be held responsible for the improper selection of sampling devices even if we supply the device to the user. The user of the sampling device has the sole responsibility to select the proper sampler and sampling conditions to insure that a valid sample is taken for analysis. Any resampling performed will be at the sole discretion of EMSL, the cost of which shall be limited to the reasonable value of the original sample delivery group (SDG) samples. In no event shall EMSL be liable to a client or any third party, whether based upon theories Page 22 of 23

of tort, contract or any other legal or equitable theory, in excess of the amount paid to EMSL by client thereunder. E. Indemnification Client shall indemnify EMSL and its officers, directors and employees and hold each of them harmless for any liability, expense or cost, including reasonable attorney s fees, incurred by reason of any third party claim in connection with EMSL services, the test result data or its use by client Page 23 of 23